Fanmagnet Terms of Service

Your use of this website (http://Fanmagnet.net) and other sites to which you may be linked or forwarded within the Fanmagnet.net domain, including the FanMagnet blog, support and knowledge base sites (collectively, the “FanMagnet Sites”) are subject to these Terms of Service. By accessing or utilizing these sites you agree to these Terms of Service. These terms may be changed from time to time by posting here or other page linked to from the homepage (http://Fanmagnet.net), so please check periodically to ensure you understand the terms covering your use of the sites. If you purchase, subscribe to or register for a trial of our products and services you will be asked to accept additional terms governing your use of such products and services.

We are owned and operated by SISCOM, S.A. de C.V. d/b/a FanMagnet (and the terms “we” and “our” as used herein refer to such company). Although our Social line of products and services relate primarily to fanpages to be displayed through Facebook, we are not affiliated with or endorsed by Facebook.

What we provide

FanMagnet is a simple and powerful way to customize your fan pages, launch mobile apps and generate web sites all in one place. The beauty of our products is in their ability to take various types of content you provide and assemble them into a vibrant, robust fanpage, app or web site designed by you with the assistance of such tools as our drag and drop editor. Use of the products and services offered through the FanMagnet Sites will be subject to additional terms and conditions to which you will be given access at the time of purchase or signup.

Please note that, other than purely billing information (i.e., credit card numbers) any information you post to the Site (whether directly through our site, via links with other social networking websites) may become instantly publicly viewable and you should not submit information that you consider confidential. Information posted on our Facebook page (and on your fan pages generated through our Social product) is subject to the Facebook’s Terms, but information posted through our site (including on blogs and forums or via comments, replies and the like) is not subject to the same terms.

Who Our Services Are for

Use of the FanMagnet Sites is available to all persons age 13 and over who agree by these Terms of Service. They may not be used for purposes not in accordance to local law. Allowable Content and Use Our user participation areas (including blogs, forums, comment and reply areas, and posting from other social media sites) are an easy way to share your personal activities, thoughts and comments on others’ activities relating to the FanMagnet Sites and our products. We want to keep it a safe, fun, friendly place, and that means a few rules. You may NOT:

Post unlawful, harmful, or obscene content.

Forge headers or otherwise impersonate someone.

Post content you do not have the right to transmit.

Post content that infringes on trademarks or copyrights.

Post viruses or malicious scripts.

Post spam or link bait.

Stalk or collect data about others.

Crawl content without permission from FanMagnet.

Use the FanMagnet Sites for file sharing.

Link to files on the FanMagnet Sites without a link to the original post.

Rights Reserved

We reserve the right to filter any content posted and remove objectionable posts in our sole discretion without notice. We may also cancel accounts for users who violate the Terms of Service. We respect your copyright. You retain full copyright of any original content that you send us. By posting to any of the FanMagnet Sites, however, you’re granting us a license to distribute your content on this site (with or without attribution to you or your username), as well as in marketing, advertising, training and educational material relating to this site or our products, including online or other digital media as well as in print. To protect your privacy and security, we may take reasonable steps to verify your identity before granting access or making corrections. The main form of identity management is your e-mail address. Please always use a valid and up-to-date e-mail address.

User submissions

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by us (“Content”) or by you or other users of our products and services (“User Submissions”) to the FanMagnet Sites is owned by the party contributing such content, subject to our rights to display and use such content as provided herein. As a user of the FanMagnet Sites, you are solely responsible for your own User Submissions. By transmitting your User Submissions to a FanMagnet Site by direct entry, from posting on other social networks or otherwise you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You shall retain all of your ownership rights in your User Submissions; however, by submitting material to us you grant us the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display, produce, aggregate and otherwise use the material in connection with the FanMagnet Sites and our line of business, but solely in accordance with these Terms of Service and our Privacy Policy. To the extent you do not have ownership rights to any of your User Submissions, you shall, and hereby do, indemnify us for any claim regarding our use of your User Submissions. When using the FanMagnet Sites, you may be exposed to User Submissions from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent or objectionable. You understand that all information publicly posted or privately transmitted through the FanMagnet Sites or on linked pages is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the FanMagnet Sites. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe. We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

Disclaimers

Our services are provided as-is, and we don’t warrant or represent the continued availability of our services, Content or User Submissions. In addition, some of our services are currently in ‘beta’ stage and may contain bugs, errors and mistakes causing the services not to work, or to work other than as intended. We expressly disclaim each and every warranty, implied or express, including without limitation any warranty of merchantability or fitness for a particular purpose.

While we have the right to monitor activity and content associated with the FanMagnet Sites, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users to the FanMagnet Sites. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the FanMagnet Sites, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Support Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the FanMagnet Sites. We also reserve the rights to resell third party services or allow third party services to advertise or post on the FanMagnet Sites from time to time. These services are provided by another company and we make no guarantees or warranties on them.

Indemnity

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless SISCOM S.A. de C.V., its managers, officers, employees, agents, subsidiaries, affiliates and other partners, and successors and assigns from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the FanMagnet Sites; ii) unauthorized access to or alteration of your communications with or through the FanMagnet Sites, or iii) any other matter relating to the FanMagnet Sites. Any business transactions which may arise between users from their use of the FanMagnet Sites are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $50.00.

Trademarks

FanMagnet and the FanMagnet logo, FanMagnet Social, FanMagnet Mobile, FanMagnet Web, and the logos for each, and other logos and names relating to our products and services are trademarks of SISCOM S.A. de C.V.. You agree not to display or use these trademarks in any manner without our prior written permission.

Digital Millennium Copyright Act

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act. Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected site so that they may make a counter notification. To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.

Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work, or a description of what is being copied

Identify the material that is infringing on the work in item #1. This means the link to a FanMagnet Site with the material on it

Provide your contact information, preferably email and phone number

Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Should you have other questions or concerns about these Terms of Service, please send us e-mail at support@Fanmagnet.net.

Miscellaneous

You will not attempt to reverse engineer, decompile or otherwise reconstruct our software code, whether the code relating to our websites or our products and services, and you agree not to re-face or link to any FanMagnet Site within a frame in a manner designed to represent or imply that any of our products or services are your or another third party’s product or service. These Terms of Service and any claims arising out of or related to use of the FanMagnet Sites or any of our products or services shall be governed by the internal laws of the Commonwealth of Virginia (without regard to the choice-of-law or conflict-of-law provisions of any jurisdiction). Any and all such claims shall be heard in the State Courts of Montgomery County, Virginia or the Federal Courts in the Western District of Virginia, which shall be the sole and exclusive venue for litigation arising out of these Terms of Service or use of FanMagnet Sites or products or services. You agree to personal and subject matter jurisdiction of such courts and hereby waive any challenge to such jurisdiction based upon forum non conveniens or the like. You agree that we may move such exclusive venue by updating these Terms of Service, including in connection with a change in our headquarters or acquisition by third party. The section titles of these Terms of Service are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Service, to